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Michigan election recount rules could change under proposal

Elections worker scanning mail in ballots
Ethan Miller
/
Getty Images
Elections worker scanning mail in ballots

Election recounts in Michigan could soon become limited to only those cases when the outcome could change.

The Board of State Canvassers, which oversees parts of the election process, advanced that proposed rule change and others to the final step of the rulemaking process Friday.

Now it’ll be up to a panel of lawmakers to decide whether to accept the new rules once the Bureau of Elections prepares all the materials for it.

Bureau of Elections Director Jonathan Brater said the changes are a way to stop people from misusing the recount process.

“The purpose of the recount is to recount the ballots. It’s not to look into other issues that are really in the purview of law enforcement or the courts,” Brater said.

The proposed administrative rule changes reflect a new state law that was signed earlier this month. That law is expected to go into effect next year.

Brater said going through the administrative rulemaking process could allow the changes to take effect in time for the November general election.

"But even putting that aside, it’s helpful to have the rules line up with the legislation. So, we would still want to have the administrative rules be as consistent as possible with what’s in the election law. Because otherwise we essentially would have to go back and redo the rules at a later date,” he said.

Outside of the recount process, the Board of State Canvassers approved some proposed changes to its meeting procedures Friday.

One of the biggest changes would require anyone who comes before the board to submit materials, like briefs, at least 48 hours ahead of time.

Brater said it would help cut back on people bringing information before the board at the last minute.

“I mean that doesn’t really put either Bureau of Elections staff or the board in a position where they can actually meaningfully review the submissions and take them into account when making their determinations. So, one thing that hopefully this will accomplish is providing more consistency and structure for everybody involved in the process,” Brater said.

Those proposed changes are now at an early stage in the rule making process.

They’ll go through public comment and review by the panel of lawmakers before they can become final.